REGULAR PUBLIC MEETING SEPTEMBER 17, 2012

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1 1 REGULAR PUBLIC MEETING SEPTEMBER 17, 2012 MEMBERS PRESENT OTHERS PRESENT CALL TO ORDER Paul Weiss, President Michael Hudak, Vice President Phil Barnard, Commissioner Thomas Nolan, Commissioner D. Martin Zawarski, Commissioner James Broughal, Township Solicitor Howard Kutzler, Township Manager Brian Dillman, The Pidcock Company Township Engineer Ron Gawlik, The Pidcock Company Township Engineer Tom Comitta, Township Planning Consultant Ted Rewak, Court Stenographer President Weiss called the meeting to order at 7:12 p.m. and led those in attendance in reciting the Pledge of Allegiance to the Flag. Mr. Weiss announced that following the approval of minutes, the Board would skip to the resolutions to move them along before the public hearing. EXECUTIVE SESSION ANNOUNCEMENT Solicitor Broughal announced the Board of Commissioners met in executive session this evening (September 17, 2012) beginning at 6:30 p.m. to discuss litigation, contract and personnel issues. This executive session was held pursuant to Section 708 (a) of the Pennsylvania Sunshine Act. Solicitor Broughal then noted that there would be a conditional use public hearing this evening for the Madison Farms project and asked that anyone wishing to be a party to the public hearing to sign the sign in sheet at the rear of the meeting room. COURTESY OF THE FLOOR BARRY ROTH Mr. Roth noted the agenda item regarding authorization to advertise an 4323 CHETWIN TERR. ordinance amending the recycling ordinance to include cardboard and asked if there is a big problem because most of the residents and businesses are already recycling cardboard. If there is a problem, Mr. Roth suggested putting a dumpster at the yard waste recycling center for residents to drop it off. Mr. Weiss explained that the Township is just trying to make the recycling ordinance whole by adding cardboard in order to abide with the requirements of DEP. Mr. Kutzler added that it seems every year there is something new the Township needs to abide by. Mr. Nolan stated that cardboard is already in the ordinance for businesses but was missed in the residential section. APPROVAL OF MINUTES RESOLUTION R Upon motion (Nolan-Barnard), the Board of Commissioners unanimously voted by voice vote to approve the minutes of the September 4, 2012 regular public meeting as presented. A RESOLUTION GRANTING CONDITIONAL APPROVAL OF THE WILLIAM PENN COMMONS LAND DEVELOPMENT FINAL PLAN Attorney David Backenstoe, representing the applicant, stated that they are satisfied with the review letters and the resolution and will comply with all conditions.

2 2 Mr. Kutzler advised that the Planning Commission reviewed the William Penn Commons Final Plan at their August 27, 2012 Planning Commission meeting and recommended approval of this plan. Upon motion (Hudak-Nolan), the Board of Commissioners unanimously voted by voice vote to adopt Resolution R as presented, granting conditional approval of the William Penn Commons Land Development Final Plan. PUBLIC HEARING CONDITIONAL USE APPLICATION SUBMITTED BY KRE BETHLEHEM LP AND KRE BETHLEHEM COMMERCIAL LP FOR ITS PROPOSED MADISON FARMS TRADITIONAL NEIGHBORHOOD DEVELOPMENT Solicitor Broughal stated that the Board of Commissioners will hold a public hearing on the conditional use application submitted by KRE for its proposed Madison Farms Traditional Neighborhood Development. A court stenographer is present to take the testimony and anyone who wants to address the Board of Commissioners relative to this issue must be sworn in. Attorney Murphy stated he was present on behalf of the applicant. For the past 2 ½ years the applicant has been presenting plans to the Township and the reason for the public hearing this evening is 2-fold; 1) to obtain conditional use approval and 2) to obtain approval of modifications to the overlay district that is summarized in Attorney Joseph Zator s letter of August 3, Attorney Murphy then introduced the letter as Exhibit A-1. Mr. Caracciolo stated that the applicant for Madison Farms was requesting conditional use approval and approval of modifications of the design standard setbacks of the Street Enhancement Overlay District. Attorney Murphy introduced Exhibit 2 which was the Madison Farms Subdivision and Land Development Preliminary/Final Plan and asked Mr. Caracciolo to identify the land uses. Mr. Caracciolo noted the sites of a grocery store, an L-shaped area, water feature and restaurant area. Mr. Caracciolo then described the residential areas which will include flats, townhomes, carriage homes and single family homes. When asked if this plan is consistent with the Township s 2004 Comprehensive Plan, Mr. Caracciolo responded that it was. Attorney Murphy asked Mr. Caracciolo to describe the regulation the applicant was seeking a modification of A of the design standards setbacks requires that all principal buildings must be set back 5 to 50 feet from the designated streetscape enhancement right-of-way and the Madison Farms Development contains several buildings which are setback greater than 50 feet. Mr. Caracciolo then provided the setbacks for the grocery store, Building F, Building B-1 (restaurant), Building B-2 and Buildings J, M and N. Mr. Murphy asked if this plan has been supported by the Township Planning Consultant and Township Engineer. Mr. Caracciolo responded that it has. ASSOCIATES Township Planning Consultant Tom Comitta stated that he played an active role in the design of this project and helped to identify the location of the buildings that are requiring modification of the design standard setbacks of the Streetscape Enhancement Overlay District. When asked if he supports the locations of these buildings, Mr. Comitta responded yes. When Mr. Murphy also asked Mr. Comitta if the locations of the building enhance their desirability, is the plan consistent with the Township s 2004 Comprehensive Plan and do the modifications enhance the surrounding properties, Mr. Comitta replied yes. Mr. Murphy asked if there were any negative impacts of the modifications and Mr. Comitta responded that there were no negative impacts. Solicitor Broughal

3 3 asked if the modifications make the development safer, more attractive. Mr. Comitta responded yes. Solicitor Broughal also asked if the modifications would result in any adverse impacts and Mr. Comitta responded they would not. RON GAWLIK Noting that Mr. Gawlik has been involved since the inception of this plan, Mr. Murphy asked if Mr. Gawlik had any reservations regarding the modifications being requested. Mr. Gawlik answered that he had no reservations. Mr. Murphy then asked if Mr. Gawlik would agree that these modifications would have no adverse impact on the surrounding properties and Mr. Gawlik agreed there would be no adverse impact. Mr. Weiss opened the public hearing for comment from those in attendance. There being no other comments, Mr. Weiss closed the public hearing. Upon motion (Nolan-Hudak), the Board of Commissioners unanimously voted by voice vote to approve the Conditional Use Application submitted by KRE Bethlehem LP and KRE Bethlehem Commercial LP for its proposed Madison Farms Traditional Neighborhood Development. RESOLUTION R A RESOLUTION GRANTING CONDITIONAL PRELIMINARY/FINAL PLAN AND CONDITIONAL USE APPROVAL OF THE MADISON FARMS SUBDIVISION AND LAND DEVELOPMENT Solicitor Broughal noted that the applicant has requested several waivers and their counsel will present witnesses regarding the SALDO and Stormwater Management Ordinance waiver requests. Court stenographer Ted Rewak swore in the witnesses. ASSOCIATES BRIAN DILLMAN Attorney Murphy asked Mr. Caracciolo to describe the SALDO waivers that were requested and the justification for requesting each waiver. Mr. Caracciolo described the following waivers: SALDO Section A(1) regarding the requirement to submit a Preliminary Plan; SALDO Section D(3) regarding the requirement to provide a minimum 25 foot arc radius at a proposed intersection curb line for a local road; SALDO Section F(1) regarding the requirement that streets be designed per the minimum street design standards shown in SALDO Table 10.1; SALDO Section F(3) requiring a vertical curves to be used at proposed street changes of grade exceeding 1%; and SALDO Section L requiring proposed private streets or access-ways serving traffic from 3 or more dwelling units to be designed and constructed to Township standards. When questioned by Attorney Murphy, Mr. Caracciolo indicated that there were no objections to the SALDO waivers by the Township Engineer or Township Planning Consultant, nor do the waivers create any unsafe conditions. Mr. Caracciolo added that there is no impact to the public health, welfare or safety of the adjacent properties. Mr. Comitta testified that he believes this plan is consistent with the the Township s 2004 Comprehensive Plan and would defer any questions regarding the waivers to the Township Engineer, with the exception of the waiver regarding the street widths which he recommended. Attorney Murphy asked Mr. Dillman if he supports the waiver requests. Mr. Dillman responded that he had no objections to the waiver requests as noted in his letter of August 23, 2012 adding that the waivers would have no impact to the surrounding properties. Attorney Murphy then called witnesses to testify regarding the Stormwater Management Ordinance waivers.

4 4 BRIAN DILLMAN Mr. Caracciolo reviewed and provided justification for the following waivers to the Stormwater Management Ordinance: SMO Section C requiring the toe of slope for any detention basin berm to be located a minimum of 5 feet from a property line; and SMO Section M requiring that the post-development 2-year runoff volume leaving the site to be 80% or more of the pre-development runoff volume. Mr. Caracciolo noted that the Township Engineer had no objections to these waivers. Mr. Dillman testified that he had no objections to the Stormwater Management Ordinance waivers and they would not negatively impact the surrounding properties. There were no other questions Mr. Kutzler noted that the Planning Commission reviewed this plan at their August 27, 2012 Planning Commission meeting and recommended conditional preliminary/final approval of the plan. Upon motion (Hudak-Nolan), the Board of Commissioners unanimously voted by voice vote to adopt Resolution R as presented, granting conditional preliminary/final plan approval of the Madison Farms Subdivision and Land Development. MOTION A MOTION AUTHORIZING THE TOWNSHIP MANAGER TO ADVERTISE AN ORDINANCE AMENDING CHAPTER 212, SOLID WASTE, OF THE TOWNSHIP OF BETHLEHEM CODE OF ORDINANCES, BY AMENDING ARTICLE II, RECYCLING, TO ADD CORRUGATED PAPER AND HIGH-GRADE OFFICE PAPER TO THE MATERIALS REQUIRED TO BE RECYCLED BY ALL HOMES, APARTMENTS, AND OTHER RESIDENTIAL ESTABLISHMENTS Upon motion (Nolan-Zawarski), the Board of Commissioners unanimously voted by voice vote to authorize the Township Manager to advertise an ordinance amending the recycling ordinance to add corrugated paper and high grade office paper to the materials required to be recycled by all homes, apartments, and other residential establishments. MOTION A MOTION AUTHORIZING THE TOWNSHIP MANAGER TO APPLY FOR A MONROE COUNTY LOCAL SHARE ACCOUNT GRANT ON BEHALF OF NANCY RUN FIRE COMPANY IN SUPPORT OF ITS FIREHOUSE RENOVATION/EXPANSION PROJECT Mr. Kutzler stated that the Township was approached by the Nancy Run Fire Company to support their application for a Monroe County Local Share Account grant for their firehouse renovation/expansion project. Upon motion (Nolan-Barnard), the Board of Commissioners unanimously voted by voice vote to authorize the Township Manager to apply for a grant on behalf of Nancy Run Fire Company in support of their firehouse renovation/expansion project. ZONING HEARING BOARD Mr. Kutzler stated that Appeal # challenges Township Ordinance 4-12 AGENDA MEETING OF and he would recommend that the Board of Commissioner authorize the SEPTEMBER 26, 2012 Township Solicitor to represent the Township s interests at the Zoning Hearing Board meeting of September 26, Upon motion (Nolan-Hudak), the Board of Commissioners unanimously voted by voice vote to authorize the Township Solicitor attend the September 26, 2012

5 5 Zoning Hearing Board meeting to represent the Township s interests with regard to Appeal # APPROVAL OF BILL AGENDA Upon motion (Hudak-Barnard), the Board of Commissioners unanimously voted by voice vote to approve the bill agenda of September 14, 2012 as presented. APPROVAL OF Upon motion (Nolan-Zawarski), the Board of Commissioners unanimously TREASURER S REPORT voted by voice vote to approve the Treasurer s Report as of August 31, 2012, subject to audit. ACCEPTANCE OF MONTHLY REPORTS All monthly reports were accepted as presented. DISCUSSION ITEM PAVILION ROOF REPLACEMENT Mr. Kutzler stated that the Board received a memo from the Public Works Director regarding roof replacement at Pavilions 2 and 3 in Municipal Park. The memo provides some options and staff is looking for feedback from the Board of Commissioners on how they would like to proceed. Mr. Hudak stated that he observed leaks in pavilion 2 and concurs with looking at a metal roof, however, he would like to see more information such as the manufacturer of the metal roof, the finish warranty and the cost for replacement of the wood. Mr. Hudak further asked what kind of metal the low bidder will be providing. Mr. Nolan questioned whether the cost could be funded through the park account. Mr. Kutzler noted this is a budgeted item, but because of the total cost, will need to be put out to bid. Mr. Kutzler added that if it is the intention of the Board of Commissioners to have this work done this year, staff must move on preparing the bid documents. Mr. Hudak stated that there are not many contractors who will install a metal roof in the winter so he would like to see this project move ahead as soon as possible. ADJOURNMENT There being no other business, upon motion (Hudak-Nolan), the Board of Commissioners unanimously voted by voice vote to adjourn the meeting at 8:50 p.m. Respectfully submitted, Judy Todaro Recording Secretary